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80-008 ORD
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80-008 ORD
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<br />'" <br /> <br />160~)C:~ <br /> <br />i <br /> <br />. <br /> <br />policies of the City. <br /> <br />e. Notwithstanding any of the foregoing, the City shall not be obligated <br />to enter into any Developer Agreement (i) if the improvements required by <br />the resolution granting approval of the preliminary plat are not allocated <br />among the methods at (a), (b), (c) and (d) above in a manner satisfactory <br />to the City Council, or (ii) if the Developer does not file a bond or deposit <br />cash in escrow, or does not deliver a Letter of Credit, all as heretofore <br />described, or (iii) as to any improvements, if the City Council determines <br />that the City must borrow money to pay its costs of construction under such <br />Agreement and such borrowing is inadvisable, or (iv) the City Council, after <br />review of financial and other information required of the Developer, <br />determines, in its sole discretion, that there is an unacceptable level of <br />risk that assessments for improvements will not be timely paid. <br /> <br />1008.24 - Variances. All requests for variances from the provisions of this <br />Ordinance shall be made and decided in the following manner: <br /> <br />1. The subdivider shall file a request in writing for a variance with the City <br />Clerk, together with the required fee. The written request shall be accompanied <br />by information as to all changes that will result from the variance therein <br />requested. <br /> <br />. <br /> <br />2. The City Clerk shall refer the variance request to the Planning Commission <br />for public hearing held in the same manner as provided in Section <br />1008.08(1)(b)(iii); said hearings may be held simultaneously. The Planning <br />Commission shall submit its report and recommendation to the City Council. Said <br />report shall specifically consider the findings set forth in Section 1008.24 of <br />this Ordinance. <br /> <br />3. The City Council at its next regular meeting after receipt of such report and <br />recommendation shall make its decision at the same or a specified future meeting <br />thereof. <br /> <br />4. The City Council may grant a variance only upon a finding that an unusual <br />hardship exists, and specifically that: <br /> <br />a. The hardship is not a mere inconvenience; <br /> <br />b. The hardship is caused by the particular physical surroundings, shape <br />or topographical conditions of the land; <br /> <br />c. The condition or conditions upon which the request for a variance is based <br />are unique and not generally applicable to other property; <br /> <br />d. The hardship is caused by this Ordinance and not by any persons presently <br />having an interest in the land; and <br /> <br />. <br /> <br />e. The granting of a variance will not be substantially detrimental to the <br />public welfare or to other land or improvements in the neighborhood of the <br />land, and is in accord with the general purpose and intent of this Ordinance. <br /> <br />1008.26 - Restrictions on Filing and Recording Conveyances. <br /> <br />24. <br />
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